In a 5 to 4 decision, the United States Supreme Court ruled in favor of same-sex marriage legalization nationwide on June 26th, 2015. The ruling immediately shot sparks of controversy all across the nation, as only an estimated 60% of Americans had previously been in favor of allowing same-sex marriage to be recognized by government bodies. While some people cite marriage as a form of happiness and is therefore an “inalienable” right given to all, others argue that the decision is a direct violation of religious freedom.
Things Are Just Starting to Heat Up
Several state Attorney Generals have already vowed to do all they can to reverse the Supreme Court’s decision. Others have even urged county clerks to not provide same-sex couples with marriage licenses until the ruling is officially final, as a statement by Louisiana Attorney General James D. Caldwell mentions. The ability to deny marriage licenses is in a gray area of the law, and doing so is likely to create even further controversy surrounding this ongoing debate.
Other potential problems arise when family law matters are brought to the table. In particular, lawmakers are seemingly unsure of how exactly same-sex couples who want to divorce will be addressed. Should the laws be identical to traditional marriages seeking divorce? Do prior civil unions affect the circumstances of their marriage, and therefore, their divorce? For child custody disputes that generally favor the mother, who would be considered for that role now, if anyone at all?
The questions, for now, seem to be endless. They might take some time to resolve not only because of the way they interact with same-sex marriages but also how they put marriage as a whole into perspective. Whether or not the United States Supreme Court will offer any words of clarity to help settle matters revolving around same-sex divorce is yet to be seen.
At Rubenfeld Law Firm, our Long Island divorce attorneys have been practicing family law and divorce litigation for more than 30 years. Our team is not afraid to take on the challenge new laws represent, and we are entirely confident that we can help you and your same-sex partner resolve your divorce issues. Contact us today if you would like help from compassionate and knowledgeable professionals.